HomeMy WebLinkAbout0094 of such hereunder; but the Trustee may~ in its unrestricted ~
discretion, and shall, if requested in writing so to do by
the holders of not less than twenty-five per c~ntum (258) `
in aggregate principal amount of Bonds then outstanding,~ `
cause to be made such independent investigation as it may =
see fit,•and in that event may decline to release such property
or pay over such cash unless satisfied by such investigation
of the truth and accuracy of the matters so investigated.
~ The expense of such investigation shall be paid by the Company
or, if paid by the Trustee, shall be reimbursed to the Trustee ~
by the Company, and if the Gompany sha11 fail to make such
reimbursement the Trustee may reimburse itself from any moneys
in its possession under the provisions of this Agreement
and shall be entitled to a preference therefor over any of ~
the Bonds or coupons then outstanding.
Section 9.09. PAYMENT OF GOVERNMENTAL CHARGES. In
case the Company shall fail seasonably to pay or to cause
to be paid any tax, assessments, or governmental or other
charge upon any part of the trust estate, to the extent, ,
if any, that the Company may be liable for same, the Trustee
may pay such tax, assessment or governmental charge without
prejudice, however, to any rights of the Trustee or the bond-
holders hereunder arising in consequence of such failure;
and any amount at any time so paid under this Section shall
be repaid to the Trustee by the Company upon demand and, ~
if not repaid by the Company, shall be given a preference ~
in payment over any of the Bonds or coupons, and shall be ~
paid out of the trust estate, but the Trustee shall be under ;
no ob~igation to make any such payment unless it shall have i
been requested to do so by the holders of at least twenty-
five per centum (25$) of the aggregate principal amount of
nonds then outstanding and shall have been provided with .
adequate funds for the purpose of such payment.
Section 9.10. ADVANCEMENT OF MONEYS. All szuns at
any time advanced by the Trustee from its own funds shall
bear interest at the rate of ten per centum (10$) per annum
from the date of such advance until the Trustee is repaid
therefor, and the Trustee shall be entitled to be paid the ;
amount of such interest by the Company upon demand and, if ~
not paid by the Company, the Trustee shall have a preference
for the payment to it of such interest over any af the Bonds
or coupons and shall be paid the amount thereof out of the
trust estate.
Section 9.11. RETENTION OF DOCUMENTS. The Trustee
shall retain all documents furnished by the Issuer and the :
Company in a~cordance with this Agreement so long as any
~ of the Bonds shall be outstanding.
Section 9.12. TRUSTEE HAS FIRST LIEN; COMPENSATION;
INDEMNIFICATION; REItiiBURSEMENT BY COMPANY. The Trustee shall
have a first 2ien on the trust estate with right of payment
prior to payment on account of interest or principal of any
Bonds or Concurrent Parity Bonds, for reasonable compensation,
expenses, advances and counsel fees incurred in and about
the execution of the trusts hereby created and the exercise
and performance of the powers and duties of the Trustee hereunder
and the cost and expense incurred in defending against any
liability in the premises of any character whatsoever (unless
such liability is adjudicated to have resulted from the negZigence
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